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Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.
that is interesting, but it doesn't mean he wasn't doing other things that could impair his judgement and coordination. Also, the actual BAC matters. There is a huge difference between .02 and .075. I could take 4 shots of alcohol over a 30 minute period and be a little under .08, but I would feel very drunk. It may not matter from a purely legal perspective, but it does matter when it comes to how poor of a decision he made and how much he put others at risk.
Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.
And how about the errors in judgement in the Boneyard? We all could do a little improvement in that category.I hope it all works out for Tyler and Lord knows we can use his body out there despite some peoples feelings......
But for his sake he really does need to smarten up and understand who he is representing at the very least. His "errors in judgement" of late are scary for a young man in his position of life. He has to grasp that before he can be successful anywhere in the future and I hope he does.
And how about the errors in judgement in the Boneyard? We all could do a little improvement in that category.
Very good analysis. TO also may not of known that the car was not registered. Of course he was also driving without a license, so is likely culpable at least in that regard.Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.
... but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.
It's actually better than the tail light, because you can prove that your tail light was working. You can't prove you weren't weaving.And the fact that the law is .08 is just a sop to MADD hysteria. "Weaving" is the new "you got a missing tail light". TO is on a short leash, but both his transgressions sound like BS to me.
Wow, Jeff Jacobs making justifications for a UConn Men's Basketball player in trouble with the law? Either Jacobs is getting soft in his old age or all those years spent on his bully pulpit were all about an axe he had to grind with Coach Calhoun.
In any event, if it's true that Olander was arrested and wasn't legally intoxicated, he's got a heck of a civil rights/false arrest lawsuit against the (extremely overzealous) cop.